Ni act 138
Yatish Patel
(Querist) 04 January 2013
This query is : Resolved
A person honoured postdated cheque with his signature but the cheque was of his son's account and before the honor date the account was closed by the person. He has signed the promisory note. Now he denies that he has signed the cheque and the account is not maintained by him and all this information came through cross verification. What legal action can be taken in NI act 138? And also what are the judgements? What should be done to defend my complaint under NI act 138?
V R SHROFF
(Expert) 04 January 2013
it's 420
Police compl is best action.
ni not appli as no bank a/c on his name
Also file civil suit for recovery on basis of pro note
ajay sethi
(Expert) 04 January 2013
file complain under 420 IPC . also file summary suit
Raj Kumar Makkad
(Expert) 04 January 2013
You should first of all fix your position. You have asked contradictory questions. On the one hand you have asked what to be done in the given situation and on the other hand have also asked how to defend such case.
Do you think that we are holding coaching class to teach on all aspects of the case from both sides?
You should put only your problem and should seek its lawful solution.
In the given matter, criminal offence under section 420 IPC has been committed so not only criminal complaint but suit for recovery can also be filed.
